Controlled Drugs - Powers

Question 1

What do your powers to search without warrant under section 21 of the search and surveillance act 2012 allow you to do?

Answer 1

• A constable searching a place or vehicle under section 20, may without a warrant search any person found in or on that place or vehicle.

Question 2

What do your powers to search without warrant under section 22 of the search and surveillance act 2012 allow you to do?

Answer 2

• Search a person without warrant
• If circumstances are that you have reasonable grounds to believe that the person is in possession of:
  = Controlled drugs specified in Schedule 1 Misuse of Drugs act 1975
  = Controlled drugs specified in Part 1 of Schedule 2 of Misuse of Drugs act 1975
  = Controlled drugs specified in Part 1 of Schedule 3 of Misuse of Drugs act 1975
  = Controlled drugs specified in Part 3 of Schedule 4 of Misuse of Drugs act 1975
• And suspect that an offence has been, or being, or about to be committed in respect to the controlled drug or precursor.

Question 3

Under what circumstances can you use these powers?

Answer 3

• You must have a belief that the controlled drug you are searching for is contained within the shedules
• ie: the circumstances must have turned your mind so that you are searching for a specific drug.

Question 4

If you utilise these powers, what are your statutory obligations?

Answer 4

• RAN Section 125 and RAIN Section 131
• Rights pursuant to Bill of Rights act 1990
• Notification Section 169
• Obtain NCOs Authority before.

Question 5

What would you do if a person refused to be searched under the provisions of section 22, search without warrant?

Answer 5

• Arrest for obstruction.

Question 6

What do your powers to search without warrant under section 20, of the search and surveillance act 2012 allow you to do?

Answer 6

• Search without warrant a place or vehicle
• If you have reasonable grounds to believe that it is not practicable to a warrant
• and that in or on that place or vehicle there is
  = Controlled drugs specified in Schedule 1 Misuse of Drugs act 1975
  = Controlled drugs specified in Part 1 of Schedule 2 of Misuse of Drugs act 1975
  = Controlled drugs specified in Part 1 of Schedule 3 of Misuse of Drugs act 1975
  = Controlled drugs specified in Part 3 of Schedule 4 of Misuse of Drugs act 1975
• And suspect that an offence has been, or being, or about to be committed in respect to the controlled drug or precursor.
• And believes that if entry and search is not carried out immediately evidential material will be concealed, altered, damaged or destroyed.